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Copyright Not  Copywrong  Guidelines
 

Copyright Not Copywrong Guidelines

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TxDLA 2010

TxDLA 2010

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    Copyright Not  Copywrong  Guidelines Copyright Not Copywrong Guidelines Document Transcript

    • Copyright
not
Copywrong:
Staying
Legal
and
Ethical
in
Online
Learning
 
 Christine
Salmon,
PhD,
The
University
of
Texas
at
Dallas
 Texas
Distance
Learning
Association
2010
Conference
 
 General
Guidelines
derived
from
the
DMCA
and
the
TEACH
Act
 
 Fair
Use

Four
Factors:

 1. Purpose
 2. Nature
 3. Amount
 4. Effect
 
 Distance
/
online
education
‐
Mediated
instructional
activities:
 –Integral
part
of
class
 –Under
supervision/control
of
instructor
 –In
a
manner
analogous
to
performance/display
in
live,
F2F
classroom
(digital)*
 
 Classroom
Copying:
 
Multiple
copies
allowed
(no
more
than
per
student)
provided
that
copying:
 A.
Contains
copyright
notice
 B.
Meets
test
of
brevity
(limits
on
amount)and
spontaneity
(time
requirements)
 C.
Meets
test
of
cumulative
effect
(limits
on
instances)
 
 From:
Stanford
University
Copyright
and
Fair
Use
Overview

 http://fairuse.stanford.edu/index.html

 
 Reproducing
printed
materials
for
use
in
class:
 •
A
book
chapter

 •
An
article
from
periodical
or
newspaper
 •
A
short
story,
short
essay,
short
poem
 •
A
graph,
diagram,
chart,
cartoon,
drawing,
picture
from
a
book,
newspaper,
 periodical
 BUT
 •
Copyright
notice
must
be
attached
(each
item)
 •
Copying
must
NOT
replace
textbook,
workbook
 •
Must
not
charge
more
than
actual
cost
of
copying
 •
Must
not
exceed
one
copy
per
student
 •
Cannot
copy
texts,
workbooks,
standardized
tests,
etc
created
for
educational
use
 (consumables)
 AND
 Restrictions:
Brevity
Test
 •
Complete
poem
IF
<
250
words
 •
Excerpt
of
no
more
than
250
(if
longer
poem)
 •
Complete
article,
essay,
story
IF
<
2500
words

    • •
Excerpt
from
prose
of
no
more
than
1000
words
or
10%
of
entire
work,
whichever
 is
less
 •
One
(1)
graph,
diagram,
chart,
cartoon,
drawing,
picture
per
book,
newspaper,
 periodical
 AND

 Spontaneity
Test
 •Idea
for
copying
derives
from
teacher,
not
administration
 •Idea
and
copying
must
occur
close
in
time
–
so
close
that
no
time
for
permission
 request
and
granting
 AND
 Cumulative
Effects
Test

 Per
class
term
restrictions
–
all
of
above,
plus
 •
Per
author
 –One
story,
short
poem,
article,
essay
 –Two
excepts
 •
Per
collective
work,
periodical
volume
 –No
more
than
three
stories,
short
poems,
articles,
essays
(or
combination)
 •
Only
nine
(9)
instances
per
course
 
 Television
 Recording
network
shows:
 •
Keep
copy
for
45
days
BUT
use
for
instruction
only
first
10
days
 •
Played
once
by
individual
teacher
for
instruction
 •
After
10
days,
use
only
for
teacher
evaluation
(should
we
use
it
in
curriculum?
Yes
 –
MUST
obtain
permission)
 •
After
45
days,
recording
MUST
be
erased
 AND
 •
Recorded
only
at
request
of
instructor
 •
Used
only
by
instructor
 •
No
standing
requests;
no
anticipated
requests
 •
Copies
only
for
individual
instructor
 •
NO
compilation
 •
Must
include
copyright
notice
 
 Digital
Images
 •
Can
digitize
an
analog
image
IF
digital
image
not
available
at
fair
price
 •
Can
display
for
lectures,
scholarly
presentations
 •
Institution
can
compile
digitized
images
on
secure
network
for
students
enrolled
 in
class
for
review
or
directed
study.
 –Must
include
statement
prohibiting:
downloading,
copying,
retention,
printing,
 sharing,
modification
 •
CANNOT
reproduce
or
publish
images
in
publications
(incl.
scholarly
publications)
 
 
 
 

    • Multimedia
 Students,
instructors
preparing
MM
works:
 •
MM
=
combination
of
music,
text,
graphics,
illustrations,
photographs,
images,
 video
 •
For
F2F
instruction,
directed
self‐study,
remote
instruction
 •
Only
systematic
learning
activities
at
no‐profit
educational
institutions
 •
Can
use
MM
presentation
up
to
2
yrs
after
1st
use
 Portion
restrictions
(cumulative
effect
test):
 •
10%
or
1000
words
(whichever
is
less)
 •
No
more
than
3
poems
by
single
author
 •
No
more
than
5
poems
by
different
poets
in
an
anthology
 •
Up
to
10%
or
3
minutes
of
motion
media
 •
One
(1)
photo/illustration
by
single
artist
 •
No
more
than
10%
or
15
images
(whichever
is
less)
from
collective
work
 
 
 
 
 
 
 Stanford
fair
Use
‐
http://fairuse.stanford.edu/index.html